Liability Arising from the Administration of Blood and Blood Products within the European Economic Community

Abstract

Over recent years in a number of states around the world claims for compensation have been made by hemophiliacs who had been treated with blood products infected by the HIV virus. England was no exception to this and the claims, except for the clinical negligence element alleged in some cases, have been settled recently by the Government. Now, apparently, there are some hundreds of claims for compensation being prepared by English patients who allege they have been infected with hepatitis C or the HIV virus as a result of blood transfusions. In England the hemophiliacs claims were dealt with under the English Common Law. Increasingly there is going to be a European dimension to claims of this nature. One of the main trends within the Community is towards the protection of the individual, the consumer, including the patient.

Keywords

Member State Blood Product Insurance Premium European Economic Community Product Liability

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